LOLG Obtains Judgment at the Court of Appeal on Liability of Public Authority
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On August 10, 2022, the Court of Appeal granted judgment to Aylmer Meat Packers against the Ontario Ministry of Agriculture, reversing the trial judgment and finding that government agents acted negligently in the occupation of Aylmer’s meat processing business and unreasonably exercised their regulatory powers. The Court awarded significant damages for economic consequences of “bureaucratic ineptitude”, compensating Aylmer for the destruction of its business. Jonathan Lisus and Zain Naqi acted for the successful appellant.
The decision is an important application of the principles governing tort liability of public authorities and the duty of care that regulators owes to private parties based on “specific interactions” between the parties. The decision also offers important guidance on the distinction between errors in judgment and a breach of the standard of care. The decision can be found here: Aylmer Meat Packers Inc. v. Ontario, 2022 ONCA 579